File #: 14-037    Version: Name:
Type: Ordinance Status: Adopted
File created: 2/21/2014 In control: City Council
On agenda: 5/13/2014 Final action: 5/13/2014
Title: Replacement Communication from the City Manager and Community Development Director with a Request to Concur with the Recommendation from the Planning Commission and Staff for the Following: A. To Approve a RESOLUTION Approving an Annexation Agreement; B. To Approve a RESOLUTION to Amend the OFFICIAL COMPREHENSIVE PLAN for the City of Peoria to Change the Future Land Use Designation of Property Currently Designated Low Density Residential to High Density Residential; C. To Adopt an ORDINANCE Annexing the Property Generally Located West of IL Route 91, North of Parcel Identification Number 08-35-300-008, East of Orange Prairie Road Extended, and South of Parcel Identification Number 08-35-300-028. And To Concur with the Recommendation from Staff, with No Recommendation from the Zoning Commission Due to a Tie Vote for the Following: D. To Adopt an ORDINANCE Amending APPENDIX B, the Zoning Ordinance of the City of Peoria, Rezoning Property from the Present Class R-...
Attachments: 1. RESOLUTION NO. 14-037-A.pdf, 2. ORD NO 17,098.pdf, 3. ORD NO 17,099.pdf, 4. Resolution for Annexation Agmt for CPC 13-M, 5. Attachment A to Resolution Annexation Agreement - revised (clean) KLS Apr 22 14, 6. Exhibit A to Annexation Agreement (site plan), 7. Exhibit B to Annexation Agreement (elevation), 8. Resolution for Comp Plan for CPC 13-M, 9. CPC 13-M - ORDINANCE, 10. Exhibit A to Ordinance for Annexation CPC 13-M, 11. Exhibit B to Ordinance for CPC 13-M, 12. Ordinance for Rezoning for CPC 13-M, 13. Commission Minutes and Location Map for CPC 13-M
ACTION REQUESTED:  
Title
Replacement Communication from the City Manager and Community Development Director with a Request to Concur with the Recommendation from the Planning Commission and Staff for the Following:
 
A.      To Approve a RESOLUTION Approving an Annexation Agreement;
 
B.      To Approve a RESOLUTION to Amend the OFFICIAL COMPREHENSIVE PLAN for the City of Peoria to Change the Future Land Use Designation of Property Currently Designated Low Density Residential to High Density Residential;  
 
C.      To Adopt an ORDINANCE Annexing the Property Generally Located West of IL Route 91, North of Parcel Identification Number 08-35-300-008, East of Orange Prairie Road Extended, and South of Parcel Identification Number 08-35-300-028.  
 
And
 
To Concur with the Recommendation from Staff, with No Recommendation from the Zoning Commission Due to a Tie Vote for the Following:
 
 
D.      To Adopt an ORDINANCE Amending APPENDIX B, the Zoning Ordinance of the City of Peoria, Rezoning Property from the Present Class R-3 (Single Family Residential) District to a Class R-6 (Multi-Family Residential) District;
 
All for the Property Identified as Parcel Identification Numbers 08-35-300-006, 08-35-300-020, 08-35-300-022, and 08-35-300-029, Peoria, Illinois.
 
Body
BACKGROUND:  
 
The attached Council Communication and documents have been revised with the following:
 
1.      Paragraph 4 of the annexation agreement:  Development of the property is prohibited for 18 months after the date of closing, which is expected to be September 30, 2014.  This has been reduced from 24 months.
2.      Paragraph 4 of the annexation agreement:  Exhibit A has been added as the site plan.  Exhibit B has been added as the exterior elevation drawing.
3.      Paragraph 4E of the annexation agreement:  The proposed street connecting from IL Route 91 to Orange Prairie Road is a private street and not a public street.  It includes the standard 55 feet of right-of-way designed with two, 12-foot driving lanes.
 
 
Petitioner:        Dr. Jujjavarapu and Kenneth E. Hoerr
 
Current use:        Undeveloped agricultural land
 
Proposed use:        Multi-Family Residential, uses permitted in the C-1 General Commercial District, and hotels/motels.
 
Present zoning:        County zoned Agrigultural2 District
 
Proposed zoning:       R-6 (Multi-Family Residential) upon annexation
 
The property is
surrounded by:      North:       County zoned Agrigultural2 District
South:       County zoned Agrigultural2 District
East:              N-1 Institutional District (City)
West:        County zoned Agrigultural2 District
 
Future land use
designation:        Low Density Residential
 
Public facilities:        The site will be served with public sanitary sewer and public water upon non-agricultural development.
 
Acreage:      34 acres
 
 
Since the March 11, 2014, deferral by City Council, the Petitioner has prepared a site plan and building elevation which is included as Exhibits A and B to the Annexation Agreement.  The site plan includes approximately 9.5 acres for medical offices, 10.5 acres for multi-family residential, and 5.7 acres for hotel and retail buildings.  It also notes three recreational ponds and approximately three acres for future development.  The proposed private street provides the standard 55 feet of right-of-way designed with two, 12-foot driving lanes allowing for a wider parkway and the placement of street trees.
 
While the site plan and elevation drawings are included as part of the annexation agreement, they are conceptual and for illustrative purposes only.  Actual development of the site must follow all existing review and approval processes.
 
KEY ISSUES:
Terms of the Annexation Agreement/Zoning
a.      Development of the property is prohibited for 18 months after the closing date, which is expected to occur on or before September 30, 2014.
b.      The property will be zoned R-6 (Multi-Family Residential) with no more than 15 acres and not less than 5 acres for multi-family residential development.  The remainder of the property may be developed according to uses permitted in the C-1 General Commercial District.
c.      Hotels and motels shall be a permitted use and not a special use.
d.      Property may be platted in phases with final plat approval allowed within three years of the preliminary plat approval.
e.      A Planned Unit Development (PUD) shall be subject to the standard Planned Unit Development approval procedures.
 
REQUESTED WAIVERS:  None
 
PLANNING COMMISSION ACTION:
The Planning Commission found that the request met the Findings of Fact requirements and VOTED 6 TO 0 TO APPROVE.
 
ZONING COMMISSION ACTION:
The Zoning Commission found that the request met the Findings of Fact requirements and VOTED 2 TO 2 TO APPROVE.  This motion failed due to the tie vote.
 
FINANCIAL IMPACT:  N/A
 
NEIGHBORHOOD CONCERNS (at the Planning Commission and Zoning Commission meetings):  Citizens expressed concern for the lack of a development plan, changing the 2011 Comprehensive Plan, and the negative impact on Dunlap Schools.      
 
IMPACT IF APPROVED: The Future Land Use Map will be amended to High Density Residential for the subject property.  The subject property will be annexed with a 20-year term annexation agreement allowing not more than 15 acres and not less than 5 acres for multi-family residential development.  The remaining land may be developed with uses permitted in the C-1 General Commercial district, including hotels/motels.  The subject property will be rezoned to R-6 Multi-Family residential.  Detailed site plans will be submitted for review at the time of development.  A site plan which constitutes a Planned Unit Development will be subject to the standard PUD approval procedures.  Any site plan not involving a PUD will be subject to standard procedures for administrative review.
 
IMPACT IF DENIED:  The annexation agreement will not be approved and the property will not be annexed.  The subject property will not be rezoned to R-6 Multi-Family residential.
 
ALTERNATIVES:  N/A
 
EEO CERTIFICATION NUMBER:  N/A
 
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL'S 2014 - 2029 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
 
1. Grow Peoria: Businesses, Jobs, and Population      
 
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
 
1. Support sustainability.      
 
DEPARTMENT: Community Development